City of Fond du Lac, WI Peace and Good Order

No person other than a student of the particular school, parent or guardian of such student, or employee or agent of the Fond du Lac School District shall be present in the building or on the grounds of any school operated by the District during regular school hours on any day when the school is in session without the express permission of an authorized representative of the school.

A student of a particular school who is on school grounds but who is not in attendance at an assigned class at any particular time shall be guilty of a violation of this subsection.

A student who has been suspended or expelled from a school shall not be considered a student of the school during the period of such suspension or expulsion and is prohibited from being present on any school building, premises or grounds at any time throughout the period of such suspension or expulsion absent express permission from an authorized representative of the school.

Any person who goes into a school building or onto the school grounds in violation of Subsection E(1), (2) and (3) above and subsequently refuses to leave said building or grounds after being requested to do so by an authorized representative of the school or a police officer shall be deemed in violation of this subsection.

If a school is an official polling place, Subsection E(1), (2) and (3) shall not apply to an elector entering said building on a designated election day to cast his or her ballot.

Public buildings. No person shall lodge in any public building, structure or place without the permission of the owner or person entitled to possession or in control thereof.

Obstruction of traffic by loitering. No person shall loaf or loiter in a group or a crowd upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the City in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, sidewalks, alleys, street crossings and bridges or other public places by persons passing along and over the same.

[Amended 4-24-1996 by Ord. No. 2834]

Loitering after being requested to move.

[Amended 4-24-1996 by Ord. No. 2834]

Obstructing highways. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.

In groups or crowds. No person shall loaf or loiter in a group or a crowd upon the public streets or sidewalks, or in adjacent doorways or entrances, or on street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move on by any police officer or by any person in authority at such places.

In places of public assembly or use. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, sidewalk, parking lot, or other place of assembly or public use after being requested to move on by any police officer or by the owner or other person in charge of such place. Upon being requested to move, a person shall comply immediately with such request by leaving the premises or the area.

When signs posted. No person shall loiter, lounge or loaf on private property posted by means of a sign or signs prohibiting such conduct, without the express consent of the owner or other person in charge thereof. The presence of a person on such property for a period of 10 minutes or longer after being requested to move by the owner or person in charge or his/her/its agent shall be presumptive evidence of a violation of this subsection.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 500-3 Unnecessary noise.

Prohibited. No person shall cause any unreasonably loud, disturbing or unnecessary noise or any noise of such character, intensity or duration as to be detrimental to the life or health of an individual or which is in the disturbance of public peace and welfare.

[Amended 7-8-1998 by Ord. No. 2939]

Engine or compression braking. No person operating a truck or tractor-trailer within the corporate limits of the City of Fond du Lac shall utilize an engine or compression brake between the hours of 9:00 p.m. and 6:00 a.m. except in an emergency to avoid an accident or to otherwise ensure the safe stopping of the vehicle.

[Amended 7-9-2003 by Ord. No. 3168]

Engine whistle. No railroad company or any of its agents, servants or employees shall blow or cause to be blown any whistle on any engine within the limits of the City of Fond du Lac, except in those cases prescribed and designated by the laws of Wisconsin, but nothing in this subsection shall be construed as forbidding or prohibiting the blowing of any whistle as a signal of warning in cases of peril, fire or collision or other imminent danger.

[Added 4-24-2014 by Ord. No. 3544]

§ 500-4 Loudspeakers and amplifying systems.

Permit required. Except as otherwise provided, no person shall operate any loudspeaker or amplifying system so as to amplify and broadcast to the public either voice or recordings on or along the public streets or alleys or in any outdoor location in the City without obtaining a permit as provided for in this section. A special event or march/public assembly permit under Chapter 562 of the Code of the City of Fond du Lac may also be required.

[Amended 2-13-2019 by Ord. No. 3684]

Permit application. Application for permit shall be filed with the City Clerk. The Clerk shall present the application at the next regular or special session of the Council, which shall finally approve the issuance of the permit, subject to the provisions of this section and particularly the following restrictions:

Sound tracks or loudspeakers transported from place to place shall operate on no street except Main Street and only between 11:45 a.m. and 1:00 p.m. and between 4:45 p.m. and 6:00 p.m. No operation shall be made on Sundays or legal holidays.

Loudspeakers not transported and operated at one location shall not be operated between 10:30 p.m. and 10:00 a.m.

No loudspeaking system, whether movable or set up for one location, shall employ or use over 19 watts or eight decibels of output. It is the intention of this provision that no amplifying device shall be operated at such volume that sound shall carry in excess of 100 feet to 150 feet from the point of broadcast.

The Electrical Inspector shall have the right to inspect the loudspeaking system whenever in use to determine the output.

Sound wagons or any vehicle transporting any amplifying system shall keep moving with traffic while the system is being used and shall not stop or remain standing at any location on Main Street while using the system except as required by delay in movement of traffic.

The Council may cancel and declare any permit void where the speaking system is being used in violation of this section or of state or federal laws and the permit shall be returned to the City. Operation of such system after notice is given of cancellation of permit shall constitute a violation of this section.

Exceptions. This section does not apply to the use of loudspeaking or amplifying systems as follows:

Wholly within a permanent building.

By a school when used in connection with educational purposes or when otherwise used noncommercially for any public address system at any athletic game or similar contest.

Within the county fairgrounds which is bounded generally by Ninth Street, Martin Road, Fond du Lac Avenue and south City limits, when the use is by the Fond du Lac County Fair Association at the annual Fond du Lac County Fair.

Within the public parks, provided permission is otherwise obtained from the City Manager.

So-called wireless or radio transmission where the broadcast is not audible without the use of a radio or wireless receiving apparatus.

Commercial advertising. No person shall operate or cause to be operated any loudspeaker or amplifying system on a truck or airplane for commercial sound advertising purposes in or over the City.

Purpose of section. It is declared that the purpose of this section is solely to regulate the use of sound systems in the City which are covered by the provisions of this section and which have proven to be a public nuisance when operated without reasonable regulation. This section does not require any person to file with the City any statement of the public utterances to be made and no censorship of any kind shall be used in granting or revoking any permit, except as provided in Subsection B of this section.

§ 500-5 Possession of marijuana.

Prohibited. No person within the corporate limits of the City shall possess marijuana or a synthetic cannabinoid unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice in the State of Wisconsin, as set forth in Wis. Stats. §§ 961.32 and 961.38, and as subsequently amended. It shall be illegal for any person to use, possess, purchase, attempt to purchase, transport, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following synthetic cannabinoids (See § 961.14(4)(tb), Wis. Stats.) whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana, or by any other name, label, or description.

[Amended 1-26-2011 by Ord. No. 3450; 2-22-2023 by Ord. No. 3765]

Definitions. The following terms have the meanings indicated:

MARIJUANA

All parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

PRACTITIONER

A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to administer a controlled substance in the course of professional practice or research in this state.

TRUANCY ORDINANCE ENFORCEMENT OFFICER

A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.

SYNTHETIC CANNABINOID

Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof; any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts; (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3 (2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol — some trade or other names; HU-210; 1-Pentyl-3-(1-naphthoyl) indole — some trade or other names; JWH-018/spice; 1-Butyl-3-(lnaphthoyl) indole — some trade or other names: JWH-073; 1-(3{trifluoromethylphenyl}) piperazine — some trade or other names: TFMPP; or any similar structural analogs.

[Added 1-26-2011 by Ord. No. 3450]

§ 500-6 Defacement or damage of property by graffiti.

[Amended 6-23-1993 by Ord. No. 2679]

Graffiti is hereby specifically declared to be a public nuisance, as defined in Chapter 476 of this Code, affecting peace and safety.

No person shall write, spray, scratch or otherwise affix graffiti upon any property whether private or public without the consent of the owner or owners of said property. Any person who shall affix graffiti to any property without the consent of the owner shall be liable for the costs of removing or covering such graffiti in addition to any fines imposed for violating this section. The parents of any unemancipated minor child who affixed graffiti may be held liable for the cost of removing or covering said graffiti in accordance with § 895.035, Wis. Stats.

Every owner or occupant of a structure or property defaced by graffiti shall notify the Fond du Lac Police Department of the graffiti before removing or covering such graffiti.

Every owner of a structure or property defaced by graffiti shall comply with the terms of a written notice served upon him by the Fond du Lac Police Department to remove or cover such graffiti.

In the event any owner fails to comply with the above-mentioned notice, the Fond du Lac Police Department shall have the graffiti covered or removed and all costs, fees and expenses will be assessed to said owner's real estate taxes pursuant to § 66.0703, Wis. Stats.

§ 500-7 Fraudulent return of merchandise.

[Amended 2-23-1994 by Ord. No. 2725]

Whoever returns merchandise to a merchant for the purpose of claiming a cash refund or credit by intentionally deceiving the merchant with a representation that such merchandise was purchased by such person from such merchant at the price claimed where such merchandise was, in fact, not purchased by such person or was not purchased from such merchant or was purchased at a price lower than the price claimed shall be guilty of a violation of this section. The intentional giving of a false name or address to a merchant during the return of merchandise is evidence of intent to defraud a merchant.

§ 500-8 Throwing stones.

No person shall throw or cast any stone or other missile at or upon any person, any building or public or private property, at or upon any railroad locomotive, coach, car, bus or other vehicle in the City.

§ 500-9 Trespass.

[Amended 4-27-1994 by Ord. No. 2734]

No person shall intentionally enter or remain upon the land or premises of another without the consent of the owner, occupant or person in charge, or after having been forbidden to do so, or after such land or premises has been posted by the owner, occupant or any other authorized person with a conspicuous notice forbidding trespassing.

No person shall neglect or refuse to depart from the land or premises of another when ordered to do so by the owner, occupant or any other person with authority to order such departure.

A person has received notice from the owner, occupant, or person in charge within the meaning of this section if such person has been notified personally, either orally or in writing, or if the land or premises has been posted. For land or premises to be posted, a sign at least 11 inches square must be placed in at least one conspicuous place on such land or premises. The sign must carry an appropriate notice forbidding trespassing.

This section shall not apply to police officers, firefighters, code enforcement personnel or other public officials, employees or representatives, in the discharge of their official duties.

§ 500-10 Curfew.

[Added 4-24-2014 by Ord. No. 3544; amended 5-14-2014 by Ord. No. 3545; 8-27-2014 by Ord. No. 3561]

Curfew. Persons that are 16 years old or 17 years old shall not loiter, idle, or remain upon the public streets, highways, roads, alleys, parks, vacant lots, or any public lands, either on foot or in any vehicle driven or parked thereon, between the hours of 12:00 midnight and 5:00 a.m., unless accompanied by his or her parent, guardian, or other adult person having his or her custody, as the term "custody" is defined in § 895.035, Wis. Stats. No person under the age of 16 shall loiter, idle, or remain upon the public streets, highways, roads, alleys, parks, vacant lots, or any public lands, either on foot or in any vehicle driven or parked thereon, between the hours of 10:00 p.m. and 5:00 a.m., unless accompanied by his or her parent, guardian, or other adult person having his or her custody, as the term "custody" is defined in § 895.035, Wis. Stats. The provisions of this section do not apply to a minor accompanied by his parent or guardian and to minors attending approved school functions approved by the school principal or superintendent of the school district in advance of the school function for the period of one hour after the close of the approved school function. Similarly, the provisions of this section do not apply in circumstances in which the minor was exercising First Amendment rights protected by the United States Constitution or the Wisconsin Constitution, including freedom of speech, the free exercise of religion and/or the right of assembly. Nor do they apply if the minor is on emergency errand or if the minor is participating in, going to, or returning from lawful employment. Unless flight by the minor or other circumstances make it impracticable, a peace officer shall not issue a citation for an offense under this section unless the officer reasonably believes that an offense has occurred and that none of the exceptions to the curfew restriction described herein applies. As used in this section, "emergency errand" means that the presence of the minor is necessitated by an emergency situation in which property or human life is in jeopardy and the prompt summoning or rendering of aid is essential.

Responsibility of parents. No parent, guardian or other adult person having the care and custody of a minor 16 years old or 17 years old shall knowingly permit such minor to loiter, idle, or remain upon the public streets, highways, roads, alleys, parks, vacant lots, or any public lands, either on foot or in any vehicle driven or parked thereon, between the hours of 12:00 midnight and 5:00 a.m. No parent, guardian or other adult person having the care and custody of a child under the age of 16 shall knowingly permit such minor to loiter, idle, or remain upon the public streets, highways, roads, alleys, parks, vacant lots, or any public lands, either on foot or in any vehicle driven or parked thereon, between the hours of 10:00 p.m. and 5:00 a.m. The provisions of this section do not apply to a minor accompanied by his parent or guardian and to minors attending approved school functions approved by the school principal or superintendent of the school district in advance of the school function for the period of one hour after the close of the approved school function. Similarly, the provisions of this section do not apply in circumstances in which the minor was exercising First Amendment rights protected by the United States Constitution or the Wisconsin Constitution, including freedom of speech, the free exercise of religion and/or the right of assembly. Nor do they apply if the minor is on emergency errand or if the minor is participating in, going to, or returning from lawful employment. Unless flight by the minor or other circumstances make it impracticable, a peace officer shall not issue a citation for an offense under this section unless the officer reasonably believes that an offense has occurred and that none of the exceptions to the curfew restriction described herein applies. As used in this section, "emergency errand" means that the presence of the minor is necessitated by an emergency situation in which property or human life is in jeopardy and the prompt summoning or rendering of aid is essential.

§ 500-11 Unlawful sheltering of minors.

No person shall, unless licensed under the Wisconsin Statutes, without having first obtained the permission of the parents or legal guardian of any minor or without first notifying the City Police Department of the existence of a minor described in Subsection A herein, on premises owned or operated by or under the control of such person:

By any means conceal or shelter or assist in the concealing or sheltering of any minor under the age of 18 years while the minor is under the legal custody of the parents or legal guardian and while the minor is on report with any law enforcement agency as a missing person, runaway or wanted person; or

Supply false information to or obstruct any police officer in the performance of his duty to locate or to take into custody any minor described in this section.

§ 500-12 Truancy.

Authority. This section is adopted pursuant to authority granted in § 118.163(2), Wis. Stats.

[Amended 1-27-1999 by Ord. No. 2954]

Definitions. For purposes of this section, the following terms have the meanings indicated:

[Amended 1-27-1999 by Ord. No. 2954; 8-13-2003 by Ord. No. 3170]

ACCEPTABLE EXCUSE

As defined in §§ 118.15 and 118.16(4), Wis. Stats.

HABITUAL TRUANT

A pupil who is absent from school without an acceptable excuse under § 118.15, Wis. Stats., part or all of five or more days on which school is held during a school semester.

OPERATING PRIVILEGE

Has the meaning given in § 340.01(40), Wis. Stats.

An employee of the school district designated by the Fond du Lac Chief of Police, Assistant Chief of Police, or the Principal of the Fond du Lac High School who shall have the authority to issue municipal citations for violations of this section.

TRUANT

A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of any day on which school is held during a school semester.

Violations.

[Amended 1-27-1999 by Ord. No. 2954]

It shall be a violation of this section for a person under the age of 18 to be a habitual truant as defined in Subsection B above.

It shall be a violation of this section for any person under the age of 18 to be truant as defined in Subsection B above.

Dispositions.

[Amended 8-13-2003 by Ord. No. 3170]

Upon finding a person a habitual truant, the court shall impose one or more of the following dispositions:

Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and the duration of the suspension.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

An order for the person to participate in counseling or a supervised work program or other community service work as described in § 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department of human services or social services, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this subsection acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person.

An order for the person to remain at home except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the person is accompanied by a parent or guardian.

An order for the person to attend an educational program as described in § 938.34(7d), Wis. Stats.

An order for the Department of Workforce Development to revoke, under § 103.72, Wis. Stats., a permit under § 103.70, Wis. Stats., authorizing the employment of the person.

(f)

An order for the person to be placed in a teen court program as described in § 938.342(1g)(f), Wis. Stats.

(g)

An order for the person to attend school.

(h)

A forfeiture of not more than $500 plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

(i)

Any other reasonable conditions consistent with this section, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.

(j)

An order placing the person under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.

(k)

An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.

(l)

An order for the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center as described in § 938.342(1g)(k), Wis. Stats.

Upon finding a person a truant, the court shall impose one or more of the following dispositions:

An order for the person to attend school.

A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

CITY/COUNTY BUILDING BOARD (CCBB)

§ 500-13 City/County Government Center security.

[Added 6-12-2019 by Ord. No. 3691[1]]

Definitions. As used in this section, the following terms shall have the meanings indicated:

The Joint Committee that was created by the intergovernmental agreement between the City and the County that was executed on May 31, 1979. The Joint Committee may make decisions for the City/County Government Center and spend monies to execute their decisions, but the funds are limited to what is approved by each governing body.

CITY/COUNTY GOVERNMENT CENTER

The entire building housing the Circuit Courts of Fond du Lac County, either located at 160 South Macy Street in the City of Fond du Lac, Wisconsin, or some temporary location that may be authorized by the courts.

CONTRABAND

Any item that is illegal to possess under any law or ordinance.

DANGEROUS WEAPON

The same meaning as § 939.22(10), Wis. Stats.

ENTRY CONTROL POINT

A location and associated facilities and personnel established to screen persons and articles entering the security area.

JAIL OFFICER

The same meaning as § 165.85(2)(bn), Wis. Stats.

LAW ENFORCEMENT OFFICER

The same meaning as § 165.85(2)(c), Wis. Stats.

PROHIBITED ITEM

Any object or substance that is restricted or barred from being possessed or used in the security area, specified by a lawfully created policy and procedure by the City/County Building Board (CCBB), including firearms or weapons of any kind.

SECURITY AREA

All portions of the City/County Government Center that have been designated by the CCBB as requiring additional security or the screening of persons entering therein for the safety and security of the public and employees, posted with sufficient signage to alert the public of its presence, whether or not any security officers are present or any particular post is manned.

SECURITY OFFICER

Any law enforcement officer assigned, permanently or temporarily, for the purposes of screening persons entering the security area, maintaining order and preserving the peace, enforcing laws, ordinances, and order of the court, and protecting persons therein.

WEAPON

Includes, without limitation any firearm (including a handgun), an electric weapon [as defined in § 941.295(1c)(a), Wis. Stats.], a knife, a clubber weapon, defensive chemical spray devices, metallic knuckles, martial arts weapons, or any device deemed unnecessary or a threat to security and capable of producing death or great bodily harm.

Security regulations.

Subject to the authority of the court, the CCBB shall be authorized to create regulations regarding the safety and security of the court facility area.

Such regulations shall be clearly and plainly posted at the main public entrance to the security area, prior to entering the entry control point.

Any violation of a lawfully created security regulation shall be deemed to be a violation of this article, as if fully set forth herein.

Prohibited and required acts.

No person shall:

Disobey the lawful order of any security, transport, jail officer or law enforcement officer.

Except as provided below, bring any dangerous weapon, contraband, or prohibited item into the security area, or carry a concealed weapon, a weapon that is not concealed, or a firearm, as defined in § 167.31(1)(c), Wis. Stats., that is not a weapon into the City/County Government Center.

Bypass or attempt to bypass any security measure, including but not limited to posted or locked doors, entry control points, or signage restricting the movement of persons, unless specifically exempted by § 500-13E(2), of the Code and the policy and procedures of the CCBB.

Intentionally aid or abet another person in any attempt to bypass any security measure.

Fail to comply with any lawfully posted sign or placard.

(f)

Attempt to disable, bypass, tamper with, or otherwise affect the proper operation of any security device sign, placard, or physical barrier.

(g)

Violate any policy and procedure lawfully created by the CCBB regarding the security of the court facility.

Screening.

All persons, except as provided below, shall submit to screening of their person, articles, and belongings for dangerous weapons by security officers prior to entering the security area.

Any person in the security area is subject to rescreening by a security officer at any time.

Persons refusing to submit to such screening shall be denied access to, or removed from, the City/County Government Center.

Persons found with a dangerous weapon or prohibited item, which is not contraband and is otherwise legal to possess outside of the security area, shall be given the option of securing the item outside of the security area, such as in a vehicle, or surrendering the item to security officers.

Any item surrendered to, or confiscated by, security officers may not be returned to the possessor and if retained shall be disposed of in accordance with applicable law.

Exceptions.

Dangerous weapons, contraband, or prohibited items may be allowed into the security area if unloaded, screened and tagged as evidence if used in a matter before the court.

Requirements for screening shall apply to all persons, unless exempted by the policy and procedures of the CCBB.

Restrictions on the possession of a dangerous weapon shall not apply to any on-duty law enforcement or transport officer, or a person exempted under § 175.60(16)(b) or § 941.235(2), Wis. Stats.

SERIOUS CHILD SEX OFFENSE

Editor's Note: Former § 500-13, Prohibited use of drone in specified areas, was repealed 9-21-2018 by Ord. No. 3675.

§ 500-14 Unlawful behavior in child safety zone.

[Added 6-10-2020 by Ord. No. 3713[1]]

Definitions. As used in this section, the following terms shall have the meanings indicated:

CHARTER SCHOOL

Has the meaning as defined by Wis. Stats. § 115.001(1).

CHILD

A person who is under 18 years of age.

CHILD SAFETY ZONE

All areas within 250 feet from the edge of any parcel of real property upon which any school, day-care center, performance space or playgrounds are located and all areas within 25 feet of school bus stops.

CUSTODIAN

A person at least 18 years of age who has been authorized by a parent or guardian to have the care and custody of the child.

DAY CARE CENTER

A facility that has been licensed under Wis. Stats. § 48.65 to provide care and supervision of children and includes "before- and after-school day care" which has the meaning as defined by Wis. Stats. § 120.125(1).

PERFORMANCE SPACE

A venue which is held open to the public where performances or events oriented toward children, as demonstrated by advertising or other evidence indicating that children are the desired audience, are taking place.

PLAYGROUND

Any public outdoor or public indoor area set aside for recreation and play and includes any area with playground equipment including but not limited to swings, slides, sandboxes, seesaws and any area where athletics may be played and is public property.

PRIVATE SCHOOL

Has the meaning as defined by Wis. Stats. § 115.001(3r).

PUBLIC SCHOOL

Has the meaning as defined by Wis. Stats. § 115.01(1).

SCHOOL

Any charter, public or private school.

Has the meaning as defined by Wis. Stats. § 948.13(1).

Legislative findings and intent.

The City Council finds that the increased number of child abductions from public places by known child sex offenders throughout the nation has become a public safety threat.

Individuals convicted of serious sex offenses against children pose a clear threat to children residing or visiting in the community. Further, there are no guarantees that these individuals will not re-offend. Convicted sex offenders are more likely than any other type of offender to re-offend for another sexual assault. This high recidivism rate results in an increased risk to the children in our City.

The City has a strong interest in insuring that residents, including children, feel safe in public places.

In order to reduce the potential risk of harm to children in our City, there is a need to limit the opportunity for offenders of serious crimes against children from having an opportunity to have contact with unsupervised children. This section covers locations that are primarily designed for use by, or are primarily used by, children, namely: school grounds, playgrounds and daycare facilities.

For these reasons, the Council finds that a threat to public safety exists that affects the life, health and public welfare of children and that for the immediate preservation of the public peace, health and safety of these children an urgency exists to require the adoption of this section. The City enacts this section pursuant to its power as set forth in Wis. Stats. § 62.11(5).

This section is not intended to limit any persons from exercising their right to assemble or engage in any other constitutionally protected activity. This section only applies to individuals with the requisite intent to induce or lure a child away from a child's location within a child safety zone.

It shall be unlawful for any individual convicted of a serious child sex offense to loiter in a child safety zone in a manner and under circumstances manifesting the purpose of inducing, enticing or luring a child from the child's location.

Among the circumstances that may be considered in determining whether such purpose is manifested is that the person:

Frequents, either on foot or by motor vehicle, a known child safety zone;

Repeatedly beckons to or attempts to contact a child, without the permission of the child's parent, guardian or custodian;

Takes flight upon the appearance of a police officer.

The circumstance stated in Subsection C(1)(a) or (c) is not enough by itself to manifest the purpose of inducing, enticing or luring a child.

The violator's conduct must be such as to demonstrate an intent to induce, entice or lure a child from the child's location.

No arrest may be made for a violation of this section unless the arresting officer first affords the person the opportunity to explain the person's presence and conduct, unless flight by the person or other circumstances make it impracticable to afford such an opportunity. No arrest shall be made for violating this section if the explanation given was true and disclosed a lawful purpose.

Editor's Note: Former § 500-14, Reckless operation of drone, was repealed 9-12-2018 by Ord. No. 3675.

§ 500-15 Sexual offender residency restrictions.

[Added 6-10-2020 by Ord. No. 3714[1]]

Findings and purpose. The City Council of the City of Fond du Lac hereby finds that:

The state statues provide for the punishment, treatment and supervision of person convicted or otherwise responsible for sex crimes against children, including their release into the community.

Chapter 980, Wis. Stats., provides for the civil commitment of sexually violent persons, a more dangerous type of sex offender due to their likelihood to reoffend, and specifically, in § 980.08, Wis. Stats., provides for the supervised release of such persons into the community.

The City places a high priority on maintaining public safety through highly skilled and trained law enforcement and laws that deter and punish criminal behavior.

The City finds that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and as reducing opportunity and temptation is important to minimizing the risk of re-offense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools and daycare centers. The City finds that, in addition to schools and daycare centers, children congregate or play in a number of public places, including public parks and houses of worship.

This chapter is a regulatory measure aimed at limiting those sex offenders placed in the City to individuals who committed the offense in the City.

Further, this chapter is a regulatory measure aimed at protecting the health and safety of children in the City from the risk that convicted sex offenders may reoffend following placement in the community. It is the purpose of this chapter not to impose a criminal penalty but rather to serve the City's compelling interest in promoting, protecting and improving the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from loitering or prowling.

Definitions. As used in this section, and unless the context requires otherwise:

CRIME AGAINST CHILDREN

Any of the following offenses set forth within the state statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, where the victim is under the age of 18, respectively:

Wisconsin Statute Sections
940.225(1)	First Degree Sexual Assault
940.225(2)	Second Degree Sexual Assault
940.225(3)	Third Degree Sexual Assault
940.22(2)	Sexual Exploitation by Therapist
940.30	False Imprisonment-victim was minor and not the offender's child
940.31	Kidnapping-victim was minor and not the offender's child
944.01	Rape (prior statute)
944.06	Incest
944.10	Sexual Intercourse with a Child (prior statute)
944.11	Indecent Behavior with a Child (prior statute)
944.12	Enticing Child for Immoral Purposes (prior statute)
948.02(1)	First Degree Sexual Assault of a Child
948.02(2)	Second Degree Sexual Assault of a Child
948.025	Engaging in Repeated Acts of Sexual Assault of the Same Child
948.05	Sexual Exploitation of a Child
948.055	Causing a Child to View or Listen to Sexual Activity
948.06	Incest with a Child
948.07	Child Enticement
948.075	Use of Computer to Facilitate a Child Sex Crime
948.08	Soliciting a Child for Prostitution
948.095	Sexual Assault of a Student by School Instructional Staff
948.11(2)(a) or (am)	Exposing Child to Harmful Material-felony sections
948.12	Possession of Child Pornography
948.13	Convicted Child Sex Offender Working with Children
948.30	Abduction of Another's Child
971.17	Not Guilty by Reason of Mental Disease - of an included offense
975.06	Sex Crimes Law Commitment

FACILITY FOR CHILDREN

A public or private or secondary school; a church, synagogue, or house of worship as zoned by the City; a group home, as defined in § 48.02(7), Wis. Stats.; a residential care center for children or youth, as defined in § 48.02(15d), Wis. Stats.; a shelter care facility, as defined in § 48.02(17), Wis. Stats.; a daycare center licensed under § 48.65, Wis. Stats.; a daycare program established under § 120.13(14), Wis. Stats.; or a daycare provider certified under § 48.651, Wis. Stats.

OFFENDER

A person who has been convicted of or who has been found not guilty by reason of disease or mental defect of a sexually violent offense and/or a crime against children who was tried as an adult.

PERMANENT RESIDENCE

The place where a person sleeps, abides, lodges, or resides for 14 or more consecutive days or which qualifies as a residence under the laws of the state.

SEXUALLY VIOLENT OFFENSE

Shall have the meaning as set forth in § 980.06(6), Wis. Stats., as amended from time to time.

TEMPORARY RESIDENCE

Residence or premises meeting any of the provisions of the definition of "permanent residence" for a period of less than 14 consecutive days.

Original domicile restriction.

[Amended 1-26-2022 by Ord. No. 3745]

Residency prohibited. Unless determined by the Department of Health Services under § 980.105(2m), Wis. Stats., no offender who has ever been ruled a sexual violent offender by a petition filed under Ch. 980, Wis. Stats., or any offender who has been convicted of a crime against children as defined as a "crime against children" shall be permitted to reside in the City, and no supervised release of such offender shall be established in the City, unless the offender committed the offense in Fond du Lac County.

Exemptions. An offender does not commit a violation of this chapter if any of the following apply:

The offender is required to serve a sentence or is otherwise involuntarily required to reside in a jail located in the City.

The offender has established a residence in the City prior to the effective date of the ordinance from which this section is derived.

The offender is a minor or ward under guardianship.

Loitering. It is unlawful for an offender, as defined herein, to loiter or prowl, as said words are used in Subsection D, within 500 feet of real property that supports or upon which there exists a facility for children, a public park, a public swimming pool, a public library, or a public recreational trail.

Appeal.

Procedure. A designated offender may request an exemption from this chapter by submitting a written request for exception, including any pertinent rationale for an exemption, to the City of Fond du Lac Police Department prior to establishing a residence that would be in violation of this chapter or within 30 days after notification that the designated offender is in violation of this chapter. The Chief of Police, or designee, will conduct a review of the request for an exemption using any pertinent information and the criteria set forth in Subsection A(3). The Chief of Police, or designee, will approve, approve an exemption subject to necessary conditions (hereafter referred to as "conditional exemption"), or deny the request. The Chief of Police, or designee, will be issue the decision within 30 days of receiving the request for exemption and will provide a written copy of that decision to the designated offender, City Clerk, and City Attorney. Any request for an exemption which has not been approved, approved for a conditional exemption, or denied by the Chief of Police, or designee, within 30 days of the request shall be deemed to be denied for the purpose of this section.

The decision by the Chief of Police, or designee, may be appealed by the designated offender within 30 days by submitting a written appeal to the Administrative Appeals Review Board (hereinafter referred to as "the Board") via the City Clerk. The Board will hold a hearing on each appeal, during which the Board may review any pertinent information and may accept oral and written statements from any person.

The Chief of Police, or designee, and/or the Board will base their decision upon any factors related to the City's interest in promoting, protecting, and improving the health, safety, and welfare of the community, including, but not limited to:

The nature of the predicate offense causing the appellant to be a designated offender,

Police reports related to the predicate offense if available.

Proximity of the requested residence to the victim.

The age of the offense, offender, and victim.

Recommendation of the probation or parole officer, if one exists.

(f)

Recommendation of the Police Department.

(g)

Recommendation of any treatment practitioner.

(h)

Proposals for safety measures and assurances by the designated offender.

(i)

Conditions to be placed on any exception or variance from the requirements of this chapter.

(j)

Support systems in place by the designated offender.

(k)

Who the designated offender will be or is living with at the prohibited location.

(l)

Statements of the surrounding community or victim.

(m)

Treatment, sobriety, or rehabilitative measures taken by the designated offender.

(n)

The designated offender's current employment or social activities.

(o)

The designated offender's criminal history.

The Administrative Appeals Board will issue a decision by a majority vote. The Board may decide to deny an exemption, issue an exemption, or issue a conditional exemption. A written copy of the decision will be provided to the designated offender in person or by first-class mail at the designated offender's last-known address. A designated offender must consent to the terms of the conditional exemption for the conditional exemption to be valid, and must demonstrate acceptance of the terms of the conditional exemption by signing and dating a copy of the Board's decision and conditions. The designated offender must provide a copy of the signed conditional exemption to the City Clerk's office and the City of Fond du Lac Police Department. The designated offender will have 14 days from the date the written conditional exemption is issued to accept and return a signed copy to the appropriate locations or the conditional exemption will be deemed as void and the appeal denied by the Board. A designated offender need not sign an exemption that has been denied by the Board or an exemption approved without any necessary conditions by the Board.

Conditional exemptions. A conditional exemption may include, but is not limited to, the following terms:

Curfew restrictions.

Cohabitant restrictions or requirements.

Sobriety restrictions.

Conduct restrictions.

Residency restrictions.

If an exemption or conditional exemption is granted by the Chief of Police, or designee, or the Administrative Appeals Board, said exemption will only apply to the specific designated offender who had applied for the exemption at the requested residence and shall not be transferable to any other or to any other location.

(7)

An exemption expires when the designated offender who was granted said exemption changes his/her domicile and/or changes his or her residence, whether within the City or outside the City.

(8)

Revocation. An exemption or conditional exemption issued by the Chief of Police, or designee, or the Administrative Appeals Board, may be revoked by the Chief of Police, or designee, if the designated offender is found to have violated the conditions or there is probable cause to believe the designated offender has committed (an) additional act(s), which had occurred either before or after the exemption or conditional exemption was issued, that would cause a person to be classified as a designated offender. The Chief of Police, or designee, will provide written notice to the designated offender that the exemption or conditional exemption has been revoked. This notice would be deemed properly delivered if sent by either first-class mail to the designated offender's last known address or if delivered in person to the designated offender's last known address. If the designated offender cannot be located, the notice will be deemed to be properly delivered if a copy is left at the designated offender's address, which had been accepted in the presence of some competent member of the family at least 14 years of age or a competent adult currently residing there. If notice cannot be so served, it may be served by publishing a Class I notice. The revocation of an exemption may be appealed to the Administrative Appeals Board pursuant to the above procedure in Subsection E.

(9)

For the purposes of this chapter, pursuant to § 68.16., Wis. Stats., the City of Fond du Lac is specifically electing not to be governed by Chapter 68, Wis. Stats.

(10)

If the Administrative Appeals Board denies the request for exemption or upholds a revocation of exemption or conditional exemption, the designated offender may appeal the decision within 30 days to the circuit court.

(11)

Severability. If any part of this section is found to be unconstitutional or otherwise invalid, the validity of the remaining parts shall not be affected.

Penalties. Any person violating the provisions of this section shall be subject to the penalty provided in § 1-4 of the Code. Each day an offender maintains a residence in violation of this section constitutes a separate violation. The City may also seek equitable relief.